We successfully represented a British national who was under criminal investigation by the HMRC for supplying arms and military equipment without being covered by a UK export license. This case raises particularly interesting policy issues. Although a British national, our client was not resident in the UK and the business dealings under investigation by the HMRC concerning the supply of arms, have no connection with the UK. HMRC have powers under the Export Control Order 2008 to investigate supplies of military goods from one third country to another third country, and initiate criminal prosecutions under Article 34 of the Export Control Order 2008.

After a lengthy investigation, HMRC agreed to deal with the matter by issuing a compound penalty instead of proceeding with a criminal prosecution.